It is usually read with Phillips Products Ltd v Hyland and Hamstead Plant Hire Co Ltd[1] where a similar contract clause (an older version of the same standard industry term) was held to be unreasonable, but where the liability being shifted had the effect of leaving a victim of loss without a remedy.

T Lohan hired out a JCB excavator and driver, Mr Hill, to JW Hurdiss Ltd, the owners of a quarry.

Fox LJ held that condition 8 was not caught by UCTA 1977 and was effective to transfer liability to the hirers.

This distinguished the case from Phillips Products Ltd v Hyland and Hamstead Plant Hire Co Ltd.[2] So there is a distinction between an exclusion and transfer of liability.

It is not concerned with arrangements made by the wrongdoer with other persons as to the sharing or bearing of the burden of compensating the victim.